Hearing takes place at UK high court over civil service union's Rwanda plan concerns

By Burak Bir

LONDON (AA) - A hearing on Thursday was held at the Royal Courts of Justice in London as part of the FDA union's legal challenge over the government's Rwanda migrant deportation plan.

The union, representing civil servants and public service professionals, argues that the controversial Safety of Rwanda Act forces civil servants to act against a ruling from the European Court of Human Rights, breaking international law.

In a statement before the hearing, the FDA union reminded that its General Secretary Dave Penman wrote to the Home Secretary and Minister for the Cabinet Office, outlining the union’s concerns regarding the provisions in the then-bill, which indicated ministers may have discretion to ignore Rule 39 orders from the European Court of Human Rights (ECHR).

"These provisional orders, similar to an injunction from a UK court, would potentially be issued to prevent the deportation of an asylum seeker, before the final decision being taken by the court," noted the statement.

The judicial review will determine whether officials will be breaking the civil service code if they ignore ECHR requests to stop deportation flights.

"Ignoring a Rule 39 order would be a breach of international law and civil servants have a legal obligation under the Civil Service Code to uphold the rule of law and administration of justice," according to the union.

- 'Gov't had plenty of time'

On the union's legal challenge, Penman said previously that this is not a decision that "we have taken lightly."

"The government has had plenty of time to include an explicit provision in the Act regarding breaking international law commitments which would have resolved this, but it chose not to," he said.

Penman also noted that civil servants should never be left in a position where they are "conflicted between the instructions of ministers and adhering to the Civil Service Code, yet that is exactly what the government has chosen to do."

In 2022, the first Rwanda asylum flight was cancelled after the European Convention on Human Rights intervention.

The migration policy and especially the government's controversial Rwanda plan is a key issue between the ruling Conservative Party and the main opposition Labour Party during the election campaign until the July 4 elections.

During his first televised debate with Labour Party leader Keir Starmer on Tuesday, Prime Minister Rishi Sunak said he is "crystal clear" that he would choose the country's security instead of a "foreign court ruling" if the European court blocks Rwanda flights.

Starmer however expressed his opposition to the idea.

After becoming law in late April, the long-debated legislation seeking to send asylum seekers to Rwanda paves the way for the deportation of thousands of asylum seekers in a matter of weeks.

In January last year, Sunak said tackling small boat crossings by irregular migrants across the English Channel was among the five priorities of his government as more than 45,000 migrants arrived in the UK that way in 2022.